Where defendants showed they had meritorious defenses to the breach of contract suit, that they acted with reasonable promptness and there was no prejudice to the plaintiff or history of dilatory action by the defendants, the default judgment was vacated. ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Where a residential owners association president claimed other owners defamed him in a letter, the complained-of statements lack the necessary “sting” to be considered defamatory. Narrowing the issue “We exercise de novo review of the circuit court’s decision sustaining the ...

Tagged with: Civil Practice Judge Stuart A. Raphael Virginia Court of Appeals

In what some could see as a shock to their litigation budgets, a Virginia circuit court judge has ruled that a litigant who chooses to depose an opponent’s expert witness must also pay for the expert’s reasonable preparation and travel ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

Where appellant argued that the Bedford Regional Water Authority should be required to charge a reasonable fee for water and sewer connections, the trial court correctly dismissed the claim for lack of evidence. Overview Chastain built a house in Bedford ...

Tagged with: Civil Practice Judge Mary Bennett Malveaux Virginia Court of Appeals

Where a court rule requires a litigant to pay “‘a reasonable fee for time spent and expenses incurred[,]’” when deposing an opposing expert witness, this includes the expert’s “reasonable fees incurred during the deposition itself, as well as the reasonable ...

Tagged with: Civil Practice Judge David A. Oblon Virginia Circuit Courts

Where a party who is appealing certain district court decisions ordered the necessary portions of the trial transcript for her appeal, she was not required to include the entire trial transcript. Background Following a two-day jury trial in early August ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Civil Practice Edward L. Mahler filed a pro se complaint alleging that Lawrence Perry and Associates, Inc., violated various laws, breached an employment contract, and committed other wrongs in terminating his employment. … Mahler filed an amended complaint. After a ...

Tagged with: Civil Practice Criminal

Laches does not bar a 2019 suit seeking to reform a 2005 amendment to protective covenants “governing conservancy lots in the Courtland Farm Rural Village.” However, defendants’ plea in bar, which asserts that reforming the 2005 amendment would violate a ...

Tagged with: Civil Practice Judge Stephen Sincavage Virginia Circuit Courts

Where the parties settled their condemnation dispute, the settlement funds should be paid to respondent or its attorney, and not the clerk of the court. Overview “Petitioner Commissioner of Highways … filed a condemnation action in connection with the Elden ...

Tagged with: Civil Practice Judge Robert J. Smith Virginia Circuit Courts

A party’s discovery delays resulted in a default judgment and an award of more than $80,000 in compensatory and punitive damages to its opponent. On appeal, the sanctioned party argued that the harsh sanctions were an abuse of discretion because ...

Tagged with: Civil Practice Judge Stuart A. Raphael Sanctions Virginia Court of Appeals